OPA 90: Increase in liability limits
New Limits of Liability under OPA 90 come into effect on December 21, 2015.
The USCG recently published a final rule establishing increased limits under the Oil Pollution Act of 1990. The increases are based on increases in the U.S. Consumer Price Index (CPI). The new limits embody the act's 'polluter pays' principle while preserving the financial deterrent. The recent final rule also grants the USCG a more simplified procedure for future similar increases.
Revised liability limits:1) The OPA 90 limits of liability for tank vessels , other than edible oil tank vessels and oil spill response vessels, are | ||
(i) For a single-hull tank vessel greater than 3,000 gross tons | The greater of $3,200 per gross ton or $23,496,000 | The greater of $3,500 per gross ton or $25,845,600 |
ii) For a tank vessel greater than 3,000, other than a single-hull tank vessel | The greater of $2,000 per gross ton or $17,088,000 | The greater of $2,200 per gross ton or $18,796,800 |
iii) For a single-hull tank vessel less than or equal to 3,000 gross tons | The greater or $3,200 per gross ton or $6,408,000 | The greater of $3,500 per gross ton of $7,048,800 |
iv) For a tank vessel less than or equal to 3,000 gross tons, other than a single-hull tank vessel | The greater of $2,000 per gross ton or $4,272,000 | The greater of $2,200 per gross ton or $4,699,200 |
(2) The OPA 90 limits of liability for any other vessel, including for any edible oil tank vessel and any oil spill response vessel, are- | The greater of $1,000 per gross ton or $845,400 | The greater of $1,100 per gross ton or $939,800 |
If you have any questions regarding impact of OPA 90 or your obligations when operating in the US please contact
Dr Chao Wu.
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The USCG recently published a final rule establishing increased limits under the Oil Pollution Act of 1990. The increases are based on increases in the U.S. Consumer Price Index (CPI). The new limits embody the act's 'polluter pays' principle while preserving the financial deterrent.
On 23 December 2022, the US Coast Guard issued a Final Rule in the Federal Register to adjust the limits of liability for vessels, deep-water ports and onshore facilities under its Oil Pollution Act of 1990 (OPA 90), as amended, to reflect the increase in the Consumer Price Index (CPI) since they were last adjusted in 2019.
Savage Servs. Corp. v. United States, Slip Op. No. 21-10745 (11th Cir. Feb. 8, 2022).
MEPC 79 - A Summary
22/12/2022
THE IMO Marine Environmental Protection Committee (MEPC) responsible for matters concerning the prevention and control of pollution from ships, held its 79th session (MEPC 79) in London from 12-16 December 2022